Sunita Chander vs Govt. Of Nct Of Delhi, Drugs ...
2009 Latest Caselaw 4378 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     W.P.(C) 12715/2009

      SUNITA CHANDER                   ..... Petitioner
                          Through      Mr. Sudhir Nandrajog, Sr. Adv. with
                                       Mr. Mrinal Bharti, Adv.

                versus
      GOVT OF NCT OF DELHI DRUGS CONTROL
      DEPARTMENT NEW DELHI
                                                   ..... Respondent
                          Through      Mr. N. Wazir and Mr. Shoaib Haider,
                                       Advocates.

      CORAM:
      HON'BLE MR. JUSTICE SANJIV KHANNA

                          ORDER

%                         28.10.2009

CM No. 13408/2009

Exemption application is allowed, subject to all just exceptions.

W.P.(C) No. 12715/2009

Learned Standing Counsel for the respondent states that he has

obtained instructions and the writ petition can be disposed of in terms of

the directions issued in W.P. (C) No. 16588/2004 titled Anil Kumar versus

Government of NCT of Delhi and Another.

The petitioner has applied for grant of a licence under Drug and

Cosmetics Rules 1945 vide application dated 25th August, 2009, but the said

application is not being considered by the respondent as the shop in

WPC NO.12715-2009 Page 1 question for which drug licence has been requested for is located in a

residential area. The petitioner claims that in view of Master Plan of Delhi

2021 he is entitled to operate a chemist shop in a residential area and he

satisfies the norms and criteria fixed under the Master Plan of Delhi 2021.

The respondent will consider and dispose of the application filed by the

petitioner for grant of a licence under Drug and Cosmetics Rules, 1945 after

taking into consideration the provisions of Master Plan of Delhi 2021.

Drugs licence will not be denied to the petitioner in case he satisfies the

requirements and criteria mentioned in the Master Plan of Delhi 2021.

It is clarified that this Court has not expressed any opinion whether

the petitioner is eligible for grant of drugs licence on merits and satisfies

the eligibility requirement. The application of the petitioner will be

considered in the order of seniority maintained by the respondents. Liberty

is, however, granted to the petitioner to ask for expeditious disposal.

The writ petition is disposed of.

Copy of this order be given dasti to the learned counsel for the parties.

SANJIV KHANNA, J.

      OCTOBER 28, 2009
      NA




      WPC NO.12715-2009                                                   Page 2